236. Fifth, regarding the attacks that took place in Teguerre, the information provided by the
State reveals that this objective did not correspond to the community of this name (Teguerre
Medio), which is almost 25 kilometers away.473 Moreover, no arguments or evidence were
presented indicating that a settlement or civilian property at objective No. 5 (Teguerre) was
attacked. The representatives merely indicated that this objective was located, geographically,
within the territory of the Community Council of the communities of the Cacarica river basin.
237. The foregoing allows the Court to reach several conclusions. On the one hand, there is
insufficient evidence to prove that the bombing carried out by the Armed Forces directly
affected the Communities of the Cacarica River basin, because it was directed at military
objectives near the Salaquí River or the Truandó River. Nevertheless, diverse and congruent
evidence exists indicating that a helicopter of the Colombian Air Force could have bombed or
machine-gunned a site located at Loma de Cacarica, about two kilometers to the north of
Puente América, objective No. 6 of Operation Genesis. On the other hand, it is unclear whether
the inhabitants of the Cacarica river basin could have been able to hear the bombardments that
occurred several kilometers to the south, on the banks of the Salaquí or Truandó Rivers.
Despite this, these testimonies could be consistent with what really occurred near the Salaquí
River, in particular if it is recalled that the southernmost Cacarica communities are located only
a few kilometers from the site of the bombing attacks. 474
238. Regarding the State’s responsibility for alleged direct harm caused by the bombings, the
Court indicates, based on the principle of distinction, that: (a) the bombing carried out by the
Armed Forces took place several kilometers from the communities of the Cacarica River basin
(because the 1.7 kilometers between Loma de Cacarica and Puente América is the minimum
distance – in the context of the bombing during Operation Genesis – between a village or
civilian property and the place where the attack may have taken place); (b) it has not been
alleged or reported that the said bombings directly caused the death or injury of inhabitants of
the communities of the Cacarica River basin; (c) it remains under discussion whether the
Colombian Armed Forces really bombed or machine-gunned Loma de Cacarica located near
Puente América, and (d) no evidence has been provided indicating the presence of civilians or
civilian property in the place of the attack corresponding to objective No. 5: Teguerre.
239. Therefore, the Court considers that no evidence has been provided that would allow it to
conclude that the objectives of the bombardments of Operation Genesis included civilian
settlements or property. The fact that objective No. 5 (Teguerre) was located within the
territory of the Community Council of the Cacarica River basin does not necessarily or
automatically entail the violation of the principle of distinction, or that the State was prevented
per se from conducting counterinsurgency operations on that territory, unless the attack on that
objective would have involved a direct attack on civilian settlements or property, which, as
indicated above, has not been proved.
240. Based on the above, and specifically with regard to the bombing carried out during the
execution of Operation Genesis, the Court concludes that the State is not responsible for the
numerous craters caused by the bombs”; “we were advancing towards Loma de Salaquí, before arriving, we saw some
large craters that the planes had left with the bombing” “[..] where there was a house or most of it, where they were
holes, where they said that the bombing had taken place, on the way to Teguerre, we also saw some craters […]”
(evidence file, folios 19183, 19189 and 19204).
473
On this point, although the State acknowledged that this objective of Operation Genesis (Objective No. 5) had
been attacked, it clarified, without this being contested by the representatives, that the said objective, even though its
name was very similar to the community located in the Cacarica River basin (Teguerre Medio), referred to a different
geographical site about 25 kilometers away. The distances were calculated by the Court based on the coordinates
provided by the State and not contested by the representatives.
474
For example, the village of Teguerre Medio is located about 8 kilometers from objective 4A of Operation
Genesis (Bocas del Guineo) and around 10 kilometers from objective 4 of Operation Genesis (Caño Seco). The distances
were calculated by the Court based on the coordinates provided by the State and not contested by the representatives.
84
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